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COMMONWEALTH v. DiPIETRO

No. 91-P-841.

33 Mass. App. Ct. 776 (1992)

604 N.E.2d 1344

COMMONWEALTH vs. ALAN P. DiPIETRO, JR.

Appeals Court of Massachusetts, Middlesex.

December 30, 1992.

Attorney(s) appearing for the Case

Dana A. Curhan for the defendant.

Barbara F. Berenson, Assistant District Attorney, for the Commonwealth.

Present: BROWN, KASS, & IRELAND, JJ.

BROWN, J.

The defendant, in conjunction with others, hurled eggs against the outside wall of a Hindu Temple.1 For this conduct, the defendant was convicted of religious vandalism pursuant to G.L.c. 266, § 127A.2 That statute, as amended by St. 1989, c. 121, § 1, provides in relevant part:

"Whoever willfully, intentionally and without right, or wantonly and without cause, destroys, defaces...

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